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1. General
1.a. By registering with Davarel (also referred as Service Provider) as an User (also referred as Davarel User), you accept these Terms of Service.
1.b. The services provided are exclusively for persons who have reached the age of 18.
1.c. The Service Provider reserves the right to complement, extend, change, discontinue or improve services offered. Such changes may lead to modifications in the services appearance and/or funcionality.
1.d. The Service Provider may modify these Terms of Service. In such case, the Davarel Users will be notified via e-mail. Consent to the modified Terms of Service shall be deemed as given if the Davarel User does not object to the modifications within two weeks after the receipt of the modifications notice. Such notice will describe the consequences of objecting the modifications.
2. Contract
2.a. The Service Provider provides an online service allowing Davarel Users to have a Website and manage it. The service includes tools that allow Davarel Users to adapt the design of their Websites, and to create and manage its content (Website Sections and Website Catalog of Products and Services). The Contract is formed between the Service Provider and the User just after the User has registered with Davarel.
2.b. All services provided by the Service Provider free of charge may be cancelled by the Service Provider or by the User at any time.
2.c. When any service provided by the Service Provider is cancelled, the Website contents and all the data associated to the service may be permanently deleted by the Service Provider.
2.d. The Davarel User is not permitted to add advertisements of third parties to his/her Website.
2.e. Services must be paid opportunely. Monthly payments must be received before the last day of the month in which the service was provided. If the service was provided partially during the month because the contract did not started the first day of the month, or because the contract did not ended the last day of the month, then the User will have to pay only the days in which the service was provided for at least 12 hours.
2.f. Any service provided by the Service Provider that had not been paid opportunely may be suspended at any time by the Service Provider. If the payment is not received two weeks after the service was suspended, such service will be cancelled definitively. By accepting these Terms of Service, the User grants the Service Provider the explicit right to this type of termination.
2.g. The Service Provider reserves the right to make use of the services of third parties in providing services.
2.h. The minimum duration of a service contract is one month, and it will be renewed automatically month by month unless the user terminates the contract.
2.i. The Service Provider may terminate the contracts with the User unilaterally and without stating reasons by giving at least one month’s notice. In such a case the Service Provider will refund any fees paid by the User in advance on a pro rata basis. The Service Provider reserves the right to terminate the contract without notice in case the Davarel User fails to fulfill his contractual obligations stated in these Terms of Service.
3. Personal data
3.a. The Davarel User confirms that all the personal data provided is true and complete. The Davarel User hereby agrees to the recording and storage of this data by the Service Provider. The service Provider will not transfer the data to third parties unless the Davarel User expressly agrees to this or the transfer is necessary to fulfill the services. The Davarel User undertakes to keep the personal data updated. In order to prevent abuse by unauthorized third parties, the Davarel User is under an obligation to keep the login data confidential.
4. General obligations of the Davarel User
4.a. The User is responsible for any contents provided or stored by him on his/her Website. The Service Provider is under no obligation to inspect the Websites of the Davarel Users with regard to violations of law.
4.b. The Davarel User is under an obligation to regularly back up all data files and software settings to which he has access. In all cases the Davarel User is required to take appropriate data backup measures before making changes to his Davarel Website and, provided that the Service Provider has notified the User in due time, before maintenance work is carried out by the Service Provider. Under no circumstances may backup copies be saved on Davarel’s servers. Transferring the data related to the User's Website to the server of a third party provider will not be possible. The Davarel User will be solely responsible for any loss of data that results from the use of the services provided by Davarel.
4.c. The User is responsible for complying with all laws for their jurisdiction, as well as the regulations of his/her country. This also applies explicitly to any additional legal regulations regarding operation of an online store. The Davarel User also undertakes to observe all legal requirements pertaining to the provision of contact details or any equivalent legislation in the country of use.
4.d. The User undertakes not to take any actions that may infringe or violate the rights of third parties (including their personality rights) when using the services provided by the Service Provider.
4.e. The User undertakes not to provide any contents which are legally prohibited or contra bonos mores (including pornographic, sexual entertainment, racist, xenophobic, extremist or any other reprehensible contents) or may infringe the rights of third parties (including trademarks, rights to bear a name and copyrights). Moreover, the User undertakes not to use the services provided by the Service Provider for the purposes of spamming or “linkbuilding” activities. In the event of claims due to illegal content which the User has placed on a Davarel site, the User agrees to indemnify and hold Davarel harmless from any claim or demand. The user also agrees to assist Davarel in every manner in responding to and in defense of such claims.
4.f. The User undertakes not to create direct links from other websites to media files on his/her Davarel Website (including images and video files).
4.g. The Davarel User is prohibited from sending any number of emails without the consent of the recipients (span) using the services, systems or servers of the Service Provider.
4.h. The Davarel User will use the designs provided by Davarel exclusively for his Website. The Davarel User is expressly prohibited from extracting the Website (or part of it) from the server, copying it to, transferring it to and/or using it on an external computer.
4.i. The User agrees not to undertake any actions that circumvent or avoid Davarel's fees when they are applicable.
5. Domain names
5.a. For the purpose of procuring and/or maintaining domains, the Service Provider may act only as an agent between the Davarel User and the organization responsible for domain name allocation (Registrar). Each of these organizations has its own terms and conditions pertaining to the registration and management of domain names. The registration terms and conditions of the relevant domain registrar will therefore apply complementarily to these Terms of Service, and will form part of the contract. They may be accessed online from the respective allocating organization. On request, the Service Provider will send a copy of such terms and conditions to the Davarel User, only when the Service Provider had acted as an agent between the User and the Registrar on request of the User. Such request must be made at the beginning of the Contract and must be received via e-mail by the Service Provider. The Service Provider reserves the right to reject the request once it was received. Also, the Service Provider may stop acting as an agent between the Davarel User and the Registrar at any time.
5.b. The Davarel User will be solely responsible of maintaining the information about his/her registered domain name up to date in the Registrar database. Also, the Davarel User will be solely responsible of covering all the fees needed to maintain his/her domain name registered.
5.c. The Service Provider will not be responsible of any error or malfunction generated by the Registrar.
5.d. The Service Provider is in no position to influence the allocation of the domain name by the relevant organization. The Service Provider can neither guarantee that any requested domain name will be allocated to the Davarel User and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information given by the Service Provider regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested.
5.e. Before activating or using a domain name, the Davarel User will check that the domain name does not violate the rights of any third party or contravene existing legislation. The Davarel User affirms that he has fulfilled this obligation and that during this check there was no indication for such infringement or violation.
6. Service
6.a. The Service Provider will endeavor to ensure that the services are available and function properly at all times. The User acknowledges, however, that for technical reasons as well as due to the Service Providers dependence on external factors (e.g. telecommunications networks) the uninterrupted availability of the services cannot be guaranteed. The Davarel User can therefore not claim permanent access to the services provided by Davarel. Access restrictions of only a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. In addition to the possible access restrictions due to circumstances beyond the Service Providers control, the Service Provider also reserves the right to impose temporal and/or complete access restrictions, particularly where the services are temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects, etc.
6.b. In order to avoid malfunctions of the Davarel Website editing functions, the User is required to use the latest version of at least two of the following Internet Browsers: Microsoft(R) Internet Explorer, Google(R) Chrome, Mozilla(R) Firefox or Apple(R) Safari. The Service Provider is not liable for disruptions caused by bugs or inappropriate configurations in any Internet Browser.
6.c. The Service Provider is not liable for loss of data by the User or for unauthorized access to personal user data by third-parties (e.g. hackers).
6.d. The Service Provider also cannot be held liable for misuse by third parties of data and information made available to them by the Users themselves.
6.e. The Service Provider shall not be liable for any activities of or contents posted by the Users.
6.f. The Service Provider cannot be held liable for lost revenue or other damages arising from malfunction or unavailability of the Davarel services.
6.g. Any liability on the part of the Service Provider will be limited to the equivalent amount of six months of user fee.
7. Data Protection
7.a. The Service Provider will collect, process and use personal data concerning the Davarel Users. For further information regarding the Service Providers data processing and data protection policies, visit our privacy statement.
7.b. The Davarel User is aware of the fact that from a technical point of view the Service Provider is able to view any of the data saved on the Davarel servers and that there is a theoretical possibility that the Davarel Users data may be accessed by unauthorized third-parties when transmitting the data over the Internet.
8. Cancellation Policy
8.a. You can revoke your agreement to the service contract in writing (e.g. by email) without stating a reason within two weeks. The period can not begin before formation of the contract. Timely submission of the cancellation notification is sufficient to ensure cancellation. Cancellation notices should be sent to support@davarel.com. After the cancellation, the Service Provider will return the payment received from the User in a pro-rata basis within one month.
9. Final Provisions
9.a. Should any individual provision of this contract be or become void, the validity of the remaining provisions shall remain unaffected.
9.b. These Terms of Service and the contract shall be governed by the laws of Mexico. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s office.
At Davarel we comply with applicable data privacy laws and regulations for your security. In this document we describe what information is collected and how we handle it. This statement applies to all of the Davarel services.
If you have any doubts about this statement, please contact us at serv@davarel.com.
Davarel collects, processes and uses personal data of a user without further necessary agreement only as it is necessary for the establishment, fulfillment and billing of the contract with such user.
The information used by Davarel is the information the user provide. When an user sign up for a Davarel service, we ask for an email address, that will be used for sending you notifications concerning the Davarel services. Additional contact information may be requested for the same reason.
When you log into your Davarel Website, Davarel's software automatically record information and statistics about the way you use the services. Davarel may record information such as account activity, storage usage, number of log-ins, internet browser type, IP address, date and time of access, session ID and referrer URL.
When you log into your Davarel Website, the Davarel application will send a session ID (as a cookie) to uniquely identify you. This session ID is used so you do not have to re-enter your password when changing to different pages of the Website. Most browsers are initially set up to accept cookies, but you can configure your browser to refuse all or some cookies, or to indicate when a cookie are being set. You must ensure your browser is configured to accept cookies from Davarel, otherwise the service will not operate correctly.
When you use Davarel's services, our application may automatically record information that your internet browser sends whenever you visit a website. Information about your web request, your IP address, your internet browser type, your preferred language, and the date and time of your request may be collected.
The information you place on your Davarel Website may be read by internet users and people you do not know. So be careful with providing personal information.
Davarel may collect other profile data (provieded by the user) including, but not limited to: profile pictures, interests, gender, age, education and occupation. Additionally, Davarel may ask you for tags concerning the topic of your site in order to assist other users in finding your Website.
When you send an email or any other communication to Davarel, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
If not stated otherwise, Davarel will not disclose personal information to third parties except to comply with legal requirements or to respond to any legal process received by Davarel.
To fulfill the service agreement, Davarel may utilize third party services. In this event, the user data may be shared, for example while registering a domain name on a user's request. The data may be, depending on the domain name registrar, publicly available.
If Davarel is acquired, we reserve the right to transfer personal inforamtion to the succeding legal entity.
Upon request, Davarel will release to a user, promptly and free of charge, information about the personal information collected. The information will be sent via e-mail.
This Privacy statement may change. We will not reduce your rights without your explicit consent. All of the changes will be posted on the Davarel Website. If the changes are significant we will provide a more significant notice (i.e. e-mail notification).
If you have any additional questions or concerns about this Policy, please feel free to contact us any time via e-mail, to serv@davarel.com.
August 1, 2010.
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